,,ii #aaith ,,congress #b;d ,session ,s4 #deba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjbf,mr4 ,cruz 7for himself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to authorize cooperative partnerships for mineral extraction activities at ,army organic industrial base facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,army ,organic ,industrial ,base ,mineral ,partnerships ,act of #bjbf4 #b4 ,cooperative partnerships between the ,army and industry for mineral extraction activities at ,army organic industrial base facilities ,section #gedd of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#g7 ,mineral extraction operations and related support services carried out by a non-,army entity1 including the recovery1 processing1 or handling of strategic or critical minerals1 using land1 facilities1 infrastructure1 waste streams1 or byproducts under the control of the ,army industrial facility4 2 7#b7 by redesignating subsections 7i7 and 7j7 as subsections 7j7 and 7k71 respectively2 7#c7 by inserting after subsection 7h7 the following3 7i7 ,special rules for mineral extraction 7#a7 ,environmental and other responsibilities ,mineral extraction operations authorized under this section under a contract or cooperative arrangement with a non-,army entity shall be subject to-- 7,a7 all applicable ,federal1 ,state1 and local environmental laws and regulations1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 and the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 and 7,b7 a requirement that the contract or cooperative arrangement-- 7i7 provide that the non-,army entity shall be responsible1 to the maximum extent permitted by law1 for compliance with all applicable environmental laws and for any environmental mitigation1 remediation1 cleanup1 response1 natural resource damages1 or other liability arising from or relating to such mineral extraction operations1 including contamination discovered after the termination of the contract or cooperative arrangement and contamination migrating beyond the boundaries of the facility involved2 7ii7 require the non-,army entity to indemnify and hold harmless the ,united ,states for obligations described in clause 7i7 to the maximum extent permitted by law2 and 7iii7 require the provision of adequate financial assurance1 performance bonding1 insurance1 or other financial security mechanisms sufficient to protect the interests of the ,united ,states in the event of default1 insolvency1 or bankruptcy of the non-,army entity4 7#b7 ,consideration and compensation 7,a7 ,in general ,a contract or cooperative arrangement entered into under this section with a non-,army entity that includes mineral extraction operations shall provide for the receipt by the ,army of consideration that the ,secretary of the ,army determines to be reasonable in value1 taking into account the nature and quantity of minerals recovered1 the use of land1 facilities1 infrastructure1 waste streams1 or byproducts of the ,army1 and the costs and risks assumed by the non-,army entity4 7,b7 ,forms of consideration ,consideration under subparagraph 7,a7 may include1 as determined appropriate by the ,secretary of the ,army-- 7i7 cash payments2 7ii7 in-kind consideration1 including minerals1 processed materials1 equipment1 infrastructure improvements1 or services2 7iii7 provision of equipment1 tooling1 production capability enhancements1 or other industrial process improvements1 or other tangible industrial support that directly support the mission1 sustainment1 or modernization of the organic industrial base of the ,army2 or 7iv7 any combination of the consideration specified under clause 7i7 through 7iii74 7,c7 ,use of funds ,except as provided in subparagraph 7,e71 and subject to applicable law1 any cash amounts received by the ,army under subparagraph 7,b77i7 may be retained and used1 without further appropriation1 for the operation1 maintenance1 modernization1 environmental remediation1 or mission support of ,army industrial facilities4 7,d7 ,best interest determination ,the ,secretary of the ,army shall determine whether any consideration to be accepted under this paragraph is in the best interest of the ,department of the ,army and does not interfere with missions of the ,army4 7,e7 ,army working capital fund facilities 7i7 ,in general ,in the case of an ,army industrial facility for which operations are financed through the ,army ,working ,capital ,fund established under section #bbjh of this title1 any cash amounts received under subparagraph 7,b77i7 shall be credited to the ,army ,working ,capital ,fund1 or to the appropriate working capital fund activity or subaccount1 and shall be available for the purposes of such fund1 consistent with such section #bbjh4 7ii7 ,use of funds ,notwithstanding subsections 7k7 and 7o77#b77;,a7 of section #bbjh of this title1 amounts credited to the ,army ,working ,capital ,fund under clause 7i7 may be used for capital investments1 including military construction projects1 directly supporting facilities of the organic industrial base of the ,army4 7,f7 ,no requirement for competitive sale ,the provision or receipt of minerals or other consideration under this paragraph shall not be subject to chapter #e of title #dj 7relating to surplus property7 if the ,secretary determines that the contract or cooperative arrangement under this section is in the best interest of the ,department of the ,army4 7#c7 ,mineral ,leasing ,act for ,acquired ,lands ,the requirements of the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 shall not apply to mineral extraction operations authorized under this section4 7#d7 ,rules of construction ,nothing in this section shall be construed-- 7,a7 to authorize an ,army industrial facility1 or any personnel of the ,army1 to directly engage in mineral extraction1 drilling1 or mining operations2 or 7,b7 to modify1 supersede1 or otherwise affect any existing contractual or administrative agreements between ,federal agencies or between the ,united ,states and any non-governmental entity regarding subsurface rights4 7#e7 ,annual ,report ,not later than one year after the date of the enactment of the ,army ,organic ,industrial ,base ,mineral ,partnerships ,act of #bjbf1 and annually thereafter1 the ,secretary of the ,army shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report that-- 7,a7 identifies the number of contracts or cooperative arrangements entered into under this section that include mineral extraction operations2 and 7,b7 describes1 in general terms1 the types of strategic or critical minerals covered by such contracts or arrangements4 2 and 7#d7 in subsection 7k71 as redesignated by paragraph 7#b71 by adding at the end the following3 7#f7 ,the term mineral extraction operations means the removal1 recovery1 processing1 or handling of minerals1 and related support activities necessary to produce minerals from land1 water1 facilities1 waste streams1 or byproducts under the control of an ,army industrial facility1 including solid minerals1 brines1 and other naturally occurring mineral resources1 and including associated infrastructure and environmental mitigation4 7#g7 ,the term strategic or critical mineral has the meaning given the term strategic and critical materials in section #ab of the ,strategic and ,critical ,materials ,stock ,piling ,act 7#ej ,u4,s4,c4 #ih;h-#c7 and includes rare earth elements1 lithium1 titanium1 nickel1 and other minerals determined by the ,secretary of the ,army to be essential to national defense1 energy security1 or advanced manufacturing4 7#h7 ,the term under the control of an ,army industrial facility means real property1 facilities1 infrastructure1 waste streams1 byproducts1 or other resources that are under the administrative jurisdiction of the ,secretary of the ,army1 including property assigned to a facility of the organic industrial base of the ,army1 and includes property subject to leases1 licenses1 permits1 or other use agreements administered by the ,secretary of the ,army4 4